Tennessee Administrative Office of the Courts

This case presents for review the appeal by the petitioner, James J. Benson, from the judgment of the Cour tof Criminal Appeals affirming the trila court's denial of his petition for post-conviction relief. The petitioner asserts that he was denied the right to a fair trial before an impartial judge because the judge who presided over his criminal trial solicitated a bribe from him. The judment denying the petition is reversed, and the petioner is granted a new trial.

This Court has accepted from the United States District Court for the Middle District of Tennessee, certified question of law regarding the effect of the 1996 amendment to Tenn. Code Ann. §
467 - 5 - 1512 ( b ) ( 2 ) on the calculation of interest on property tax paymens and refunds. 

In this cause, the insuror refused to pay a claim under a policy of insurance. The insured contends that such refusal constitutes an “unfair or deceptive act or practice,” in violation
of the Consumer Protection Act, Tenn. Code Ann. §§ 47-18-101, et seq.1 In contrast, the insuror insists that Tenn. Code Ann. § 56- 7-105,2 commonly known as the “bad faith statute,” is the exclusive remedy for the bad faith denial of an insurance claim. Because Title 56, Chapters 7 and 8 of the Tennessee Code comprehensively regulates the insurance industry, the insuror insists that the acts and practices of an insurance company are never subject to the Consumer Protection Act.